FILE:  GBRIB

Cf:  EGAA, GBRIBA

Cf:  GBRIBB, GBRIC

 

SICK LEAVE

 

 

DEFINITIONS

 

For purposes of all Sections in this policy, the following terms shall have the following meanings.

 

  1. Teacher means any employee who holds a valid teaching certificate or whose employment requires the holding of a teaching certificate, or any social worker, guidance counselor, or school psychologist who holds, as applicable, a valid professional ancillary certificate.

  2. Bus Operator means any employee who is employed by this School Board as a school bus operator.

  3. School Employee means an employee who is not a teacher or whose employment does not require the holding of a teacher’s certificate or who is not employed as a bus operator.

 

REGULAR SICK LEAVE

 

Lafayette Parish School Board employees hired for the school year or longer shall be granted a minimum of ten (10) days’ absence per year because of personal illness or other emergencies without loss of pay.  Such full-time employees shall be granted sick leave per year as follows.

 

Employed less than 3 years:  1 day for each month worked

 

Employed more than 3 years but less than 10 years:  1.25 days for each month worked

 

Employed 10 or more years:  1.5 days for each month worked

 

Only time accrued as an employee with regular full-time status shall be considered when awarding days from this schedule.

 

The minimum of ten (10) days of sick leave for an employee shall be conditioned on the employee beginning work at the beginning of the school year.  In the case of an employee beginning work in the first month of the school year, ten days of sick leave shall be allowed.  If an employee begins work in the second month of the school year, nine days of sick leave shall be allowed, and the number of days of sick leave shall continue to be prorated for an employee who begins work until the eighth month of the school year, when only three days of sick leave shall be allowed.  The Superintendent and/or his/her designee shall be responsible for developing and maintaining pertinent regulations and procedures governing sick leave.

 

Sick leave, when not used, shall be allowed to accumulate to the credit of the employee without limitation.  However, upon initial employment, an employee shall not be allowed any sick leave until he or she reports for duty and actually performs work.

 

If an employee is absent from duty when he/she is not entitled to any kind of leave, such employee shall not be paid for the days of unauthorized absence and non-performance of duties.  Under such circumstances, the employee may also be subject to disciplinary action for same.

 

CERTIFICATION OF ABSENCE

 

An employee who is absent for six (6) or more consecutive days shall be required to present a certificate from a physician certifying such absence by the seventh day of absence. The School Board reserves the right to require verification of illness of any person who is absent eight (8) or more days in a month or fourteen (14) days in one year.  In the case of repeated absences of less than six (6) days because of illness, the School Board reserves the right to require verification of illness.  Should a pattern of behavior so warrant, upon the request of the Superintendent or School Board, the employee shall be required, at the expense of the School Board, to provide a certificate from a physician specified by the Superintendent or School Board, certifying the existence of an illness, injury, or medical emergency.

 

Excuses for employee absences due to illness or injury must be provided on physician’s letterhead containing the physician’s name, address, and telephone number, typed, printed, or as part of the letterhead.  The physician's typed or neatly printed name shall also appear beneath his/her signature.  The letter must clearly state (a) the reason for the illness, injury, or medical emergency; (b) the date of the illness, injury, or medical emergency occurred; and (c) the employee’s anticipated return-to-work date.

 

SICK LEAVE FOR EMERGENCIES

 

Emergencies for sick leave purposes shall be defined by the School Board as

 

  1. Serious illness or death in the employee’s immediate family, which for purposes of this Section includes the employee’s spouse and spouse’s parents; children and children’s spouses; siblings and siblings’ spouses; parents; grandparents; grandchildren (all including step-relations); or a person living and being cared for under the same roof as that of the employee.

 

  1. The Superintendent’s designee shall review all requests for leave for other than immediate family and may grant leave if request is judged valid.

  2. Death in the immediate family shall be construed to be the existence of an emergency for a maximum of ten (10) days, one of which shall include the day of the funeral.

 

  1. A maximum of two (2) days leave shall be granted to an employee for marriage.

  2. Weather conditions (e.g., hurricane, tornado, snowstorm, flood) when approved by the Superintendent or designee); and

  3. Other extenuating circumstances as approved by the Superintendent or designee.

 

EXTENDED SICK LEAVE

 

  1. Definitions

    With respect to Extended Sick Leave, the following terms have the following meanings.

 

  1. Child means a biological son or daughter, an adopted son or daughter, a foster son or daughter, a stepson or daughter, or a legal ward of an employee standing in loco parentis to that ward who is either under the age of eighteen (18) or who is eighteen (18) years of age but under twenty-four (24) years of age and is a full-time student, or who is nineteen (19) years of age or older and incapable of self-care because of a mental or physical disability.

  2. Immediate family member means a spouse, parent, or child of the employee.

  3. Infant means a child under one year of age.

  4. Medical necessity means the result of a catastrophic illness or injury, a life-threatening condition, a chronic condition, or incapacitating condition, as certified by a physician, of the employee or an immediate family member.

  5. Parent means the biological parent of an employee or an individual who stood in loco parentis to the employee.

 

  1. Extended Sick Leave

    The School Board shall permit employees to take up to ninety (90) days of extended sick leave in each six-year period of employment which may be used for a medical necessity at any time the employee has no remaining regular sick leave balance at the time the extended sick leave is set to begin.  The initial six-year period of employment shall begin on August 15, 1999, for all teachers and bus operators employed as of that date, on August 15, 2008, and for all school employees employed as of that date, and on the effective date of employment for those employees employed after the dates above.  All decisions relative to the granting of extended sick leave shall be made by the Superintendent.

    Unused extended sick leave days during any six-year period of employment shall not cumulate or carry forward into the next six-year period of employment.  The balance of days of extended sick leave available shall transfer with the employee from one public school employer to another without loss or restoration of days.

    Interruptions of service between periods of employment with a public school employer shall not be included in any calculation of a six-year period, such that any employment with any public school employer, regardless of when it occurs, shall be included in any determination of the balance of days of extended sick leave available to the employee.

    Any employee on extended sick leave shall be paid sixty-five percent (65%) of the salary paid the employee at the time the extended sick leave begins.

 

  1. Extended Sick Leave for Maternity Purposes (Teachers Only)

    Each teacher granted maternity or adoptive leave in accordance with state law and who has no remaining sick leave available may be granted up to thirty (30) days of extended sick leave in each six-year period of employment for personal illness relating to pregnancy, illness of an infant, or for required medical visits certified by a physician as relating to infant or maternal health.

 

  1. Application Process: Physician Certification

    On every occasion that a teacher uses extended sick leave, a statement from a licensed physician certifying that it is for personal illness relating to pregnancy, illness of an infant, or for required medical visits related to infant or maternal health, or that it is a medical necessity, shall be presented prior to extended sick leave being taken.

    On every occasion that a bus operator or school employee uses extended sick leave, a statement from a licensed physician certifying that it is a medical necessity for the bus operator or school employee to be absent for at least ten (10) consecutive work days shall be presented prior to extended sick leave being taken.

    Notwithstanding the foregoing, a teacher or school employee may present the physician’s statement along with the request for extended sick leave subsequent to his or her return to service.  In such a case, the extended sick leave shall be granted for all days for which extended sick leave is requested and the required documentation is presented, provided the leave request and required documentation is presented within three (3) days after the teacher or school employee returns to service.  However, the School Board or the Superintendent reserves the right to question the validity or accuracy of the medical certification after the three day period.

    If the period an employee is on extended sick leave is anticipated to carry over from one school year to the start of the next school year, another application and physician’s statement shall be submitted prior to the start of the next school year in order to be eligible for continued extended sick leave.

  2. Gainful Employment Permitted

    No employee may undertake additional gainful employment while on extended sick leave, unless all of the following conditions are met.

 

  1. The employee can demonstrate that he/she will be working not more than twenty (20) hours a week in a part-time job that the employee has been working for not less than one hundred twenty (120) days prior to the beginning of any period of extended sick leave.

  2. The physician who certifies the medical necessity of the leave indicates that such part-time work does not impair the purpose for which the extended sick leave is required.

 

Any violation of the provisions regarding gainful employment may require the employee to return to the School Board all compensation paid during any week of extended sick leave in which the employee worked more than twenty (20) hours and to reimburse the School Board all related employment costs attributable to such period as calculated by the School Board, without any restoration of leave days.

 

ASSAULT OR BATTERY

 

As used in this Section of the policy, the terms disabled or disability mean the inability of the employee to perform the essential functions of his/her job at the time of the disability.

 

A teacher who is injured or disabled while acting in his/her official capacity as a result of an assault or battery by any student or person shall receive sick leave without reduction in pay, and without reduction in accrued sick leave days while disabled as a result of such assault and battery.  Such teacher shall be required to provide a certificate from a physician certifying such injury and disability.

 

A bus operator who is injured in his/her official capacity as a result of a physical assault and battery by any student or person and is disabled as a result of such injury and cannot perform his/her functions as a school bus operator shall receive sick leave without reduction in pay while disabled as a result of such injury.  If the bus operator is absent for six (6) or more consecutive days as a result of such disability, he/she shall be required to provide a certificate from a physician certifying the disability.

 

A school employee who is disabled while acting in his/her official capacity as a result of an assault or battery by any student or person shall receive sick leave without reduction in pay, and without reduction in accrued sick leave days while disabled as a result of such assault or battery.  If the school employee is absent for six (6) or more consecutive days as a result of such disability, he/she shall be required to provide a certificate from a physician certifying the disability.

 

The sick leave authorized shall be in addition to all other authorized sick leave; however, it shall not be accumulated from year to year, nor shall such additional sick leave be compensated for at death or retirement or compensated for in any manner except as set forth above.

 

If any teacher or school employee, but not a bus operator, is receiving sick leave as a result of assault or battery as provided in this Section and begins receiving retirement benefits, the sick leave provided herein shall cease.

 

The School Board shall not reduce the pay or accrued sick leave of any employee who is absent from his/her duties to seek medical attention or treatment as a result of an injury from assault or battery.

 

If the employee’s physician determines that the employee is able to return to regular duties with restrictions and the School Board does not allow the employee to return to active duty subject to those restrictions, the employee’s leave shall be granted or continued as provided by statute.

 

PHYSICAL CONTACT WITH A STUDENT

 

As used in this Section of the policy, the terms disabled or disability mean the inability of the employee to perform the essential functions of his/her job at the time of the disability.

 

A teacher who is disabled while acting in his/her official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period of up to one (1) calendar year without reduction in pay and without reduction in accrued sick leave days while disabled as a result of rendering such assistance.

 

A school employee disabled while acting in his/her official capacity as a result of physical contact with a student while providing physical assistance to a student to prevent danger or risk of injury to the student, shall receive sick leave for a period up to ninety (90) days without reduction in pay and without reduction in accrued sick leave days while disabled as a result of rendering such assistance.

 

In such instances, the teacher or school employee shall be required to present a certificate from a physician certifying the disability

 

The School Board shall not reduce the pay or accrued sick leave of any teacher or school employee who is absent from his/her duties to seek medical attention or treatment as a result of an injury from physical contact with a student.

 

If the teacher’s or school employee’s physician determines that the employee is able to return to regular duties with restrictions and the School Board does not allow the employee to return to active service subject to those restrictions, the teacher’s or school employee’s leave shall be granted or continued as provided by statute.

 

VALIDITY OF PHYSICIAN’S CERTIFICATION

 

In cases in which a physician’s certification is required and/or requested as provided by law or this policy and the validity and/or accuracy of a certification submitted is questioned, the School Board may require an examination by a licensed physician selected by the School Board.  Such examination procedure shall be as follows.

 

  1. If the validity of a physician certification (of disability; medical necessity; personal illness relating to pregnancy, illness of an infant, or required medical visits related to infant or maternal health; etc.) is questioned, the School Board or Superintendent may require the employee, or the immediate family member, to be examined by a licensed physician selected by the School Board or Superintendent.  In such a case, the School Board shall pay all costs of the examination and any tests determined to be necessary.  If the physician so selected finds medical necessity or certifies the disability, illness, etc., then the leave shall be granted or continued.

  2. If the selected physician disagrees with the original certification, the School Board or Superintendent may require the employee, or immediate family member, to be examined by a third licensed physician, whose name appears next in the rotation of physicians on a list established by the local medical society and maintained by the School Board.  All costs of an examination and any tests required by a third physician shall be paid by the Board.  The opinion of the third physician shall be final and determinative.

  3. In the determination of the validity of a physician’s certification, the opinion of all physicians consulted shall be submitted to the School Board or Superintendent in the form of a sworn statement.

 

Pursuant to state law, all information contained in any statement from a physician shall be confidential and shall not be subject to the public records law.

 

SICK LEAVE AND WORKERS' COMPENSATION

 

Should a teacher become injured or disabled while acting in his/her official capacity, other than by assault, the teacher shall be entitled to appropriate workers’ compensation benefits and/or sick leave benefits, at the teacher’s option, for the period of time while injured or disabled.  Any benefits received, however, shall not exceed the total amount of the regular salary the teacher was receiving at the time of injury or disability.  The teacher shall be required to present a certificate from a physician certifying such injury or incapacitation.

 

VESTING OF SICK LEAVE

 

All sick leave accumulated by a teacher or school employee, but not a bus operator, shall be vested in the teacher or school employee.  In the event of the transfer of a teacher or school employee from one school system to another in Louisiana, or upon the return of such teacher or school employee to the same school system within five (5) years or such longer period that may be approved by the School Board to which the teacher or school employee returned, regardless of the dates on which the leave was accumulated or the date of transfer or return of the teacher or school employee, such vested leave which remains unused or for which the teacher or school employee has not been compensated directly or transferred such days for retirement credit, shall be transferred, returned to, or continued by the School Board and shall be retained to the credit of teacher or school employee.

 

PAYMENT UPON RETIREMENT OR DEATH

 

Upon the retirement of any employee, or upon the employee entering DROP, or upon the employee’s death prior to retirement, the Lafayette Parish School Board shall pay the employee or his/her heirs or assigns, for any unused sick leave, not to exceed twenty-five (25) days.  Such pay shall be at the daily rate of pay paid to the employee at the time of his/her retirement or death.

 

DEFERRED RETIREMENT OPTION PROGRAM (DROP)

 

Any employee of the Lafayette Parish School Board who participates in the Deferred Retirement Option Program (DROP) shall be eligible for and may elect to receive on a one-time basis severance pay (accrued sick leave up to a maximum of twenty-five (25) days) upon entering DROP on the same basis as any other employee who retires; otherwise, any accrued sick leave shall be paid only upon final retirement of the employee.

 

Adopted:  February 7, 1979 Revised:  January 19, 2000 Revised:  September 17, 2014
Revised:  November 7, 1979 Revised:  December 6, 2000 Revised:  August 17, 2016
Revised:  March 4, 1981 Revised:  December 5, 2001 Revised:  October 3, 2018
Revised:  January 6, 1983 Revised:  February 20, 2002  
Revised:  August 15, 1984 Revised:  February 18, 2004  
Revised:  June 16, 1993 Revised:  September 17, 2008  
Revised:  September 15, 1999 Revised:  February 6, 2013  
Revised:  November 3, 1999 Revised:  April 3, 2013  

 

 

Ref:    La. Rev. Stat. Ann §§14:125, 17:425, 17:425.1, 17:500, 17:500.1, 17:500.2, 17:1200, 17:1201, 17:1202, 17:1205, 17:1206, 17:1206.1, 17:1206.2

Board minutes, 2-7-79, 11-7-79, 3-4-81, 1-6-82, 8-15-84, 6-16-93, 9-15-99 11-3-99, 1-19-00, 12-6-00, 2-5-01, 2-20-02, 2-18-04, 9-17-08, 2-6-13, 4-3-13, 9-17-14, 8-17-16, 10-3-18

 

Lafayette Parish School Board